tv Lou Dobbs Tonight FOX Business February 16, 2016 11:00pm-12:01am EST
"strange inheritance." thanks so much for watching, and remember -- you can't take it with you. chief. charles: keep it there, appreciate your time and appreciate when you watch the show. now lou dobbs himself next. lou: good evening, everybody, i'm lou dobbs. it's election year, and we have ourselves a barn burner as they say in texas. presidential candidates are calling each other names. one's barking like a dog. another cussing like a sailor as the saying goes, though the practice does go well beyond the navy and one would be president going to court to end the campaign of one of his opponents who happen to be born in canada. at the beginning of the primaries, should only get better from here. four days from the south carolina primary and very clear that the trump-cruz relationship has fallen on hard times. trump campaigning in south
carolina once again attacked cruz for lying to south carolina voters about trump's positions on abortion, gun control and others. >> he lies about everything. he'll take your record, like i talked to but obamacare. trump loves obamacare. how do you fight that? the guy says i love obamacare, i hate obamacare, it's going to be terminated. [ cheers ] >> i tell everyone. i am the strongest -- i am the strongest of the second amendment. he said donald trump wants to destroy the 2nd amendment. i'm in the nra, my sons are in the nra. these politicians are dishonest people, really, really dishonest people. lou: among our guests fox news jedidiah bila and strategist tony syed, and what is hillary clinton thinking, trying to
tell voters she went on a riff. the story didn't end well with clinton herself barking like a dog. >> one of my favorite, favorite political ads of all time was a radio ad, rural arkansas where the announcer said wouldn't it be great if somebody running for office said something we could have an immediate reaction as to whether it was true or not? well, we've trained this dog, and the dog, if it's not true, he's going to bark. i'm trying to figure out how we can do that with the republicans. we need to get that dog and follow him around, and every time they say these things, the great recession was caused by too much regulation. [barking] . >> you know? lou: we'll have much more on the state of the democratic race, and president obama today lecturing republicans for not doing what he tells them, as the republican party declares
they will not move any nominee forward that he sends them. the president who's been refusing to enforce laws of his choosing, and who has issued executive fiats to avoid building consensus with the american voters and congress, today called the senate obstructionists for not doing exactly what he wants and confirming whomever he chooses in the final months of his presidency. some are calling this great confrontation between the president and senate a shame, hypocrisy. it's not that, or it's all of that but more. we call it a great political conflict, and as a result of the republican position, the votes will be resolving the conflict and who will choose the next justice on november 8th, election day. our top story tonight, republican presidential candidates ramping up attacks ahead of saturday's south carolina primary. there's just four days to go before voters head to the polls
in south carolina, and it's solidly for donald trump. fox news chief political correspondent carl cameron is in charleston with our report. >> reporter: courting south carolina's high population of active and retired military, republican candidates zeroed in on defense policies and one another. jeb bush took aim at donald trump. >> thinks he can use real estate skills to magically bring to light the weapons systems necessary to keep our war fighters safe, that magically we'll have an army of 490,000. that's not a reality based statement. >> reporter: trump who attended military elite prep school says he's the most militaristic in the field. he's pounding cruz as dishonest and nasty. >> this guy ted cruz -- [booing] . >> i've never seen a human being lie so much. lies about everything. >> reporter: cruz went to detail and expand defense and security strategies, and at a stop in columbia, fired back. >> marco rubio voted to confirm john kerry as secretary of
state. i voted against john kerry, and donald trump supported john kerry, not only that, he gave money and supported him to be president against george w. bush. >> reporter: marco rubio hammering cruz for months, now says cruz is routinely violating reagan's 11th commandment that republicans should not wage war against fellow republicans. >> to the extent that's been violated by ted's campaign of being untruthful. >> reporter: trump has a double-digit lead over ted cruz in a tight battle with rubio for second, and jeb gaining momentum a day after his brother, the former commander in chief, took swipes at trump. >> strength from purpose comes from integrity and character. and in my experience, the strongest person usually isn't the loudest one in the room. >> reporter: bush noted trump's assertion popular with the extreme left that his brother lied about weapons of mass destruction in iraq.
>> i thought it was a little strange that a front-running candidate would attack the president of the united states who did keep us safe. >> reporter: john kasich doesn't expect to be competitive in south carolina and was in michigan yesterday and today talking national security, too. >> have to rebuild our military, but we have to rebuild it by rebuilding the pentagon. >> reporter: from 17 candidates, the gop field is down 6 in south carolina. donald trump has a comfortable lead in the polls, sky high unfavorable ratings. he'll continue to win until the field is shrunk and one candidate can coalesce the rest of the vote. lou? lou: carl cameron. on the democratic side, hillary clinton met with the reverend al sharpton, as she is trying to court black voters. democratic caucus nevada saturday, and then they head to the polls in south carolina the following saturday, the democrats, february 27th. fox news chief white house correspondent ed henry with our report. >> reporter: hillary clinton
playing catch-up again today meeting with al sharpton and other civil rights leaders to shore up african-american support nearly a week after bernie sanders did the same. >> i know very well that both my campaigns and more importantly and my presidency if i'm so fortunate to be in that position, must reflect the thinking and the planning and the proposals of people like you around this table. >> reporter: before measuring drapes in the oval office, clinton has to deal with sanders erasing her 25-point lead in nevada and the fact that the democratic socialist today went to south carolina, which has democratic primary on february 27th and tailored his attacks on wall street. >> the african-american community suffered more and has recovered in a much less significant way. >> reporter: and to win the nomination, she'll have to overcome the inevitable controversies around her husband. last week in memphis, former president bill clinton appeared
to downplay the historical importance of president obama being the first african-american president. after being introduced as a stand-in for the first black president. >> i'm happy to do that, you know what else we learned from the human genome? we learned that unless your ancestors. every one of you. are 100%, 100% from subsaharan africa, we are all mixed race people. >> reporter: clinton did say his point was from a scientific perspective, people are 99.5% the same and should focus on that. and went onto praise mr. obama for creating 14 million jobs. in nevada late monday, hillary clinton raised eyebrows of her own with comments about a dog barking at republican campaign lies which culminated in her, yes, barking like a dog. >> every time they say these things like the great recession was caused by too much
regulation -- [barking] >> you know? i think we could cut through a lot of their, their claims. >> reporter: and sanders outreached to african-americans is having impact. today vincent fort, the number two democrat in the georgia state senate switched endorsement from clinton to sanders, lou? lou: ed, thank you very much, ed henry. president obama rejected calls to allow the next president to nominate the successor to supreme court justice antonin scalia. president obama holding a news conference in rancho mirage, california. there he called on the senate to give his nominee a vote. >> no unwritten law that says that it can only be done on off-years? that's not in the constitutional text. i'm amused when i hear people who claim to be strict interpreters of the constitution, suddenly reading into it. a whole series of provision recognize that not there.
there is more than enough time for the senate to consider in a thoughtful way the record of a nominee they present and to make a decision. lou: it's always interesting when people ask him for something, start by arguing with the folks they're asking something from. it may be the president's choice to put forth a nominee but certainly constitutionally the senate's privilege and power to approve them. and senate majority leader mitch mcconnell says the senate should not confirm a replacement for scalia until after the 2016 presidential election. turning to surprising comments from pope francis, who's on a six-day trip to mexico. the political pope telling mexicans that it's up to them to stem illegal immigration, the pontiff saying mexicans should make the country the sort of place where people want to stay and build a home with no need to look elsewhere for opportunity and happiness.
those remarks may be a precursor to what will be a significantly longer speech on illegal immigration expected at the border tomorrow. he visits the u.s.-mexico border city of juarez. we're coming right back, much more ahead, stay with us. donald trump readies a lawsuit against ted cruz over his canadian birth. does that make cruz ineligible to be president? we'll take it up with jedidiah bila and tony saeg here next. and extreme kite surfing can be a lot of fun, unfortunately it can be a whole lot of other stuff. just wait
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. lou: donald trump holding a rally at buford high school in buford, south carolina, about 30 miles from paris island. and trump taking questioning from the former chairman of the south carolina republican party, van hipp. let's listen in and see how it's going. >> stuff going on there, really bad things. the two people they had bombs all over the floor of their house and unit. they had bombs all over the floor.
other people saw the bombs. why weren't they reported? why weren't they reported? people saw the bombs. now comes out. why weren't they reported? they weren't reported because maybe people didn't mind they were going to do damage to the united states. those people are just as guilty in a certain way, okay? [applause] >> and whether it's dealing at the mosque level or any other level, if we're going to be smart, and we're going to be smart, we have to be vigilant, and we're not being vigilant, and we have, again, a president that doesn't even want to mention the word or the words. if he's not going to say radical islamic terrorists. he won't say the words. lou: we're going to check in again with donald trump at that rally in beaufort, which is about -- i said miles, about 30 minutes from paris island, the high school. it's interesting he's talking
about these issues because the area is a lot of military folks, servicemembers. families are there. these are important issues to all of the country but resonate perhaps laudis of those of us carrying the burden the fight to the enemy. now with four days to the south carolina primaries, trump is absolutely smoking the competition. latest poll from cnn shows the republican front-runner at 38%. 38%. ted cruz is 16 points back. marco rubio running 14%, and bush moving up a little, as you see there, it's quite a distant fourth in that race, and then carson and kasich who's barely making a perceptible showing. to analyze all this and what we can expect and what issues are
resonating loudest and brightest, author, columnist, fox news contributor, jedidiah bila. great to have you with us. republican campaign strategist, executive vice president of jamestown associates and fellow fox news contributor tony sayegh. great to have you with us. let's start with these numbers. i don't suppose, it says very loudly that there's no effect from that debate, if that poll is accurate? >> i think he's going to be hard to catch and the reason is despite what he says, people may be listening to comments about 9/11 and what not and may disagree with him. not enough to shift them over to the rubios and the ted cruzs for some reason. the problem with the field, everyone is waiting for someone else, everyone is looking at donald trump, who's going to rival him? no one else is inspiring anyone. rubio is an audio book gone bad. i'm waiting for him to sound like a human. and ted cruz is inspiring some conservatives but having a hard time with the voters in the middle worried about the
comments he's made like new york values and otherwise. lou: donald trump is repetitive. >> it's interesting and different, and sounds human. lou: your thoughts? >> certainly very repetitive, he's on message which is unique, he's the only nonpolitician in the race that is disciplined to stay on points. donald trump is the only secular outsider in this race. so he grabs that one-third of the republican primary voters that strictly want a complete outsider. rubio, cruz, even jeb bush are frankly more movement conservative within the structural republican -- we believe more than just saying they're establishment. cruz would not say he is. lou: he may not, but he's a first term senator. >> that's what they're selling and not what the republican voters want. lou: what do they want? >> they want what trump is giving them, the unvarnished, nonpolitically correct real talk and inspiring them to believe that america, under a
republican president is going to retransform things back from the 7 years of failure from obama. i will say to jedidiah's point about the polls not shifting in the wake of south carolina. if donald trump is able to be scot-free after saying essentially, george w. bush caused 9/11 or a failure of his administration and lied about wmd, liberal revisionism has won the day in rewriting the story of the bush administration. lou: let's go that. this is a big deal for the republicans, a man seeking the republican nomination and coalesced around the idea that there is no responsibility for september 11th. it is in a vacuum of causal relationships; that there is no obligation or responsibility for a war that was well prosecuted over in a matter of, really, a couple of months. actually sooner than that, but
in terms of taking iraq. but the reality is that a lot of republicans believe exactly what donald trump was saying, and certainly independents do, and certainly democrats do. is this not, in your judgment, as sage observers, isn't this possibly a strategy on the part of trump to reach already to the middle of the country? >> absolutely, i would say absolutely. i spoke to a lot of people after this happened. people not in politics, who are on all sides of the political aisle, and most people either are registered republicans or independents and thought about that, too. they weren't turned off to it. i know establishment voters and people in the political bubble hear that and have a gut reaction. what he's saying is a conversation that happens at a lot of dinner tables, especially talking about national security and prevention in the future. >> in a state where george bush has 84% approval rating, i'm not sure you're winning votes
saying you lied about weapons of mass destruction and even in was caused by a failure of his administration. lou: i was saying he is reaching beyond south carolina, reaching to the country. and i don't mean geographic. >> you don't position yourself for a general election well before you have the nomination. that being said -- >> that's not the question. >> that being said, donald trump is the clear front-runner, which is why i'm baffled by some of his conduct. the fact he wants to sue ted cruz. he's whining about being treated unfairly by the rnc. the rnc has an obligation to be the arbiter of telling people to stop lying in the political campaign, as he thinks democrats are lying about his record. >> the accusation was pretty clear. one is that the rnc had stacked the audience at the last two debates. >> yeah, he said that they gave donors passes to debates. that's not unsurprising. lou: in an inequitable distribution and the inequity
was demonstrated in the boos in what he said and the cheers of the other candidates. >> the rnc didn't intervene in putting ted cruz into his place because he's allegedly lying and misrepresenting trump's record on several issues. i think that's another part of his complaint. >> the latter is a bogus claim. former looks to have all the merit in the world. what do you say? >> i'm not remotely surprised that the rnc gave their top donors, most of which are not trump supporters, tickets to a debate. lou: all right, i think we have seen the lines drawn here. [ laughter ] >> tony great to have you, jedidiah, great to have you. be sure to vote in our poll tonight -- cast your vote on twitter. follow me on twitter -- there's a lot of social media
and fancy technology at work there. breaking news on some disturbing statistics that have come in. california's attorney general has issued a new report. the new report shows more than 49 million california residents had their personal information compromised over the past four years. i mean that's extraordinary. cyberattacks on the retail sector accounts for a fourth of the breaches. we're not told how much as a result of government breaches. i can't imagine why. 49 million californians had their data breached over the recent years. let's turn to video very quickly before we go to break, a professional kite surfer recovering after a scary crash captured on video, there he goes in every sense of the expression. the 31-year-old smashed into the waves off capetown south africa, trying to attempt a mega loop, and turned out to be a mega loop and a mega splash.
he was put into a medically induced coma after the crash. is now awake, thanking everyone for their support and particularly the doctors who have seen to his recovery. up next, a few thoughts on the games being played by the republican party, elites and big shot lobbyists. you know all our friends. we'll introduce to you a dog that can do a lot more than sit, roll over and beg, too. that and more straight ahead. i think it landed last tuesday. one second it's there. then, woosh, it's gone. i swear i saw it swallow seven people. seven. i just wish one of those people could have been mrs. johnson. [dog bark]
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. lou: a few thoughts now on the latest in fight for the republican presidential nomination. it's not going well for most of the candidates, and trump seems pleased, but not so for the gop establishment, the lobbyists, the moneyed influencer, outside groups and the party big shots who are praying for a brokered convention come july. praying isn't all according to politico which promotes a,
quote, parallel primary for the hearts and minds of delegates, with outside groups digging up research on the delegates. trump's fear factor in the republican party is frankly outsized. if you count up only his delegates, he still needs 1220 delegates to get to the necessary 1237 to win the republican nomination. senators cruz and rubio are right behind him with 11 and 10 respectively. trump is doing south carolina, well, the way he's done iowa and new hampshire. he's attracting huge crowds to rallies, leading in the polls out of the palmetto state. latest real clear politics gives him an 18-point lead. but trump added a ground game, a ground opration to turn out the boost in supporters in time. just listen to the rising number of gop elites who are
whispering about their hopes for that brokered convention, heating up after first surfacing late last year as the establishment is struggling to comprehend the trump phenomenon and durability. candidates will be thrilled but would not love to have a brokered convention. senator rubio when asked about the possibility told the associated press, quote, i don't think it's necessarily negative. whatever it is, we're prepared for it. well, in my opinion, this is the year that vitality and potential is returned to the republican party. it's good for all of the candidates, good candidates, some would say are way too many. passionate discussion of the real issues is rising in this contest, and that's a good thing, and an unconventional candidate who's played the role of disruptor so far is exactly what the party and the nation needs. i hope this isn't also the year that the gop elites who delivered losses in the last
two presidential cycles will try this time to go for the trifecta. mark my words, the establishment and party elites who are playing games and those who would try to subvert the will of gop primary voters will not only lose an historic presidential election, but in all likelihood destroy the party. our quotation of the evening from a fellow who successfully campaigned for the presidency more than any other american, who successfully emerged from more conventions than any other. franklin delano roosevelt said this, quote -- fdr's remarks intend only as a gentle reminder that presidential politics are not
required to be mannered, polite, gentle and abstract, boring, and it is an american tradition to talk straight, argue hard and loud about our differences, not to whisper and battle it out in the public arena. and why would any of us want it any other way? it's america. the future of a pretty good country and hard working good people is at stake. we're coming right back. marco rubio, flip-flopping on amnesty for illegal immigrants, now trying to rewrite history again, we take it up here next. and what happens when you put together 100,000 sparklers and then, well, set them alight? one man wanted to find out. we'll show you what he discovered and the video of it all. stay with us.
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10,000 door knocks a day, 27,000 phone calls and 14,000 door knocks. that's how we won iowa and placed third in new hampshire. hoping for a good ahead. donald trump is quite out ahead, we'll be working hard. we said we would win in early state or place second out of third in two of three. we gotten third and won one of the states, we're confident where we are. lou: as you well know but to bring the audience up to date, donald trump saying today he's suing senator cruz on the basis of eligibility. your reaction. >> frankly, i don't believe anything donald trump says he's going to do or do, i'll believe it when i see it, his words seem to be awfully empty. so he's got nothing to sue for, he's not an egrieved party, i can't imagine what he's going to base his lawsuit on. lou: i can see one egrieve -- how he constructs it anyway,
that you denied him the iowa victory by going after the votes of ben carson. but let's not get into all of that. >> no, but i will say carson outperformed his vote. hard to believe carson got more votes not less in the polls and somehow donald trump lost. he's a business guy, he's supposed to get math, and that doesn't make sense. lou: as you say, he is a business guy who is striking some appeal that is, as you suggest in south carolina, as we saw in new hampshire and in iowa. he's got broad appeal, and your guy is a smart guy, no one questions that, he has strong conservative credibles, but at this point, does this appear that you have extra headwind in this election because of the seeming preference on a sizable number of voters for an outsideer? >> remember in the des moines register poll we were down five. we won by four, we turned that
around. we did a lot better than expected in new hampshire which is a blue state and donald trump being a moderate, has been a liberal progressive all his life is part of the democratic establishment all his life. we'll see what the polls turn out in south carolina. you know, i read his book, "the art of the deal," it had four chapter 11's. washington needs someone to stand up to the people and make congress do its job, to get back to balanced budgets, to put in a flat tax, flat business tax and create jobs again. lou: your thoughts on what is the issue that is most appealing to south carolina that is boosting your candidate with the greatest energy? >> well, you know, this morning, senator cruz gave a speech in charleston about the military rebuild. we've got to rebuild our military. this administration has drained over a trillion dollars out of
the military. that's got to be rebuilt. we are ill-prepared god forbid we have to go to war. the way we stay out of wars is to keep the country safe and build up the military. he gave a long speech today, you can look at it at ted cruz.org and look how we're going to get our country back into shape. lou: ted cruz.org, got it. rick tyler, good to have you with us. >> thanks, appreciate it. lou: join us saturday for special live coverage of the republican presidential primary in south carolina and the democratic caucuses, the same day in nevada. results, the best analysis and perspective if i may say, it all begins at 6:00 p.m. eastern on the fox business network. ever wonder what happens when you set fire to a tower made of 100,000 sparklers? a youtuber decided to find out. he did just that, basically it quickly turns into an artificial volcano. the man spent $6,000 on this
experiment. it looks like a rapidly burning brushfire to me. i'm impressed, aren't you? yeah, me either. we may have found one of the country's most talented dogs, however. never give up on us here. watch as this golden retriever watches patiently by a dock, fishing, waiting for the perfect moment to snatch a fish with his mouth and get him in one shot. it's a little small, but he's not going to throw it back. the pup proudly walking away with his catch, i would, too. beats the traditional sit and fetch tricks, you got to love the retrievers. up next, k.t. mcfarland talks about a world in upheaval. and cameras capture a terrifying moment that a car lost control on an icy road. we'll show you what happens
on what is called woody island. the latest maneuver coming as president obama is wrapping up a summit with southeast asian leaders where he called for a halt to the militarization of disputed territory by china. obviously, they were paying close attention to our president. joining me former pentagon official, fox news national security analyst, k.t. mcfarland. k.t., clearly, the chinese shuddering in fear as the president suggested demilitarization, move the surface-to-air missiles into the island. >> they timed this perfectly. they knew the president was meeting with southeast asian leaders in the united states, and this is when they chose to leak that they were deploying these surface-to-air missiles. a direct slap at the united states, and direct slap at the president. lou: how do we respond? let me rephrase that. how should the united states,
if it were normal -- if we had a normalized leadership in this country, how old we respond? >> too late for president obama. lou: that's why i said, let's go to the hypothetical and move on. >> move onto the next guy. what will happen in the next year until obama leaves office, the chinese, the russians, the iranians, the north koreans are going to push us around and take advantage of the every stage of the game. what does the first president do? take a page out of reagan's playbook. increase the defense budget. lou: how dangerous is it for all of us to assume that events will not overtake us, to put it in the parlance of geopolitics and national security. the enemy has a vote here, too. >> yeah. lou: we may not have a vote of any kind. >> well, we're not playing anymore. we're not determining events in the middle east anymore. secretary kerry. lou: nor china or eastern europe. >> we scold, and then go like this and naughty boys you
shouldn't do that. they don't listen anymore. secretary kerry was in munich at the security conference this week, and right after the russian prime minister said we're in a new cold war, what does kerry get up and do? he says everything is great, terrific, we got to deal with syria. the people i talked to who went to the conference said he was delusional. like secretary kerry is like the crazy uncle in the attic blathering away and nobody is paying attention to him. this administration put us on a course of great risk. why? because of overreaction and miscalculation. these countries are going to get what they can out of us now, and any time we stand up to them there's the opportunity and the possibility of a miscalculation that then escalates into something nobody wants. >> and this administration working toward at least visibly, any sort of resolution with syria, with the islamic state, a way to go forward. i heard the president today and
i'm going to say this presightly, prattled on about working together, coalitions, making the problem bigger so it becomes absolutely transparent, but not one that is solid and with which one can work toward a solution. i mean, it's the same rhetoric. it is the same nonens and doesn't matter what the geopolitical issue is, his response is the same. >> and the other countries' response is the same to. talk about syria, the russians are calling all the events. they're not calling to listen to us, we're not even leading from behind. we're left behind. lou: i think we're the ones trying to call, and they're not pick up the phone. >> not pick up the phone. lou: k.t. mcfarland. a warning to drivers hitting roads in treacherous conditions. surveillance video from england capturing a car skidding on black ice. i was driving on black ice last night, as tens of thousands of people in the northeast.
it was a loudy road condition here. lost control, rolled over three times. she rolled over three times. amazingly the young woman driver, her passenger both escaped with only minor injuries. trump threatens to sue ted cruz over his eligibility to run for president let alone be president. lis wiehl, mercedes colwin on the case. they join me here next. stay with us. pet moments are beautiful, unless you have allergies. then your eyes may see it differently. only flonase is approved to relieve both your itchy, watery eyes and congestion. no other nasal allergy spray can say that. complete allergy relief or incomplete. let your eyes decide. flonase changes everything.
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lou: joining us now, lis weihl and mercedes colwin. donald trump, ted cruz says he doesn't have standing that allows him to sue him. he definitely has standing because he's one of the candidates. >> but he's also the guy who said go to the supreme court. you don't go to the supreme court and say i need a ruling on this case. lou: are you contradicting donald trump? >> i'm not taking my election law from donald trump.
lou: it looks like a midst economic opportunity for the legal profession. >> i'll do it. lou: do you think he will do it? >> if he doesn't win south carolina, then maybe he will. if cruz wins south carolina. >> then he gets more hungry for it. legal scholars have gone different ways on this. lou: unlawyerly to go on the one hands. >> the constitution, is he a natural-born citizen. lou: the american people know that all those people dismissing him when he started the quote-unquote outrage about cruz
being born in canada as a natural-born citizen to find out there truly is no definition of natural-born citizen that has been settled by the supreme court. thank you very much. >> scotus. >> sue scotus? that's complicated. we have a president who says the constitution demands that he nominate a replacement for justice scalia and mitch mcconnell says, so have at it, but it's not going to happen because if the senate has the right to decide who that will be. >> ultimately. first of all, president obama is not trying to sneak something through on a recess appointment because that will look
completely smany. >> this is shocking. i think she'll faint right now. >> told me up. he's not going to try to do that, going through an appointment. lou: the judiciary committee -- >> the regular time is 70-90 days to get the nomination through. this is different because you have someone who is in the last waning days of his presidency. so it's not crazy to say ... lou: i'm not saying it's crazy. i'm saying it's a conflict. mitch mcconnell and senator grassley have powers that make it almost impossible for this president to move a nomination
through. >> there are at least a dozen nominations waiting to get through the process. >> you are talking about all these cases. >> that not true. you will have 8 justices. if they go 4-4, then the under court stands. kennedy is a swing vote usually when there is a close call like that. >> if you have something like we are going ahead with the executive action plans. that means executive actions -- lou: union dues, that stands. >> if it's 4-4. we are assuming it's 4-4. lou: the system is great. america is great. >> how many times do we have judges say we have to recuse ourselves.
lou: or they get a cold or flu or go fly-fishing and exhaust themselves for their next term. they work so hard. lis weihl, thank you so much. mercedes colwin. thank you so much. 91% of you say the pope is fair game if he talks about u.s. president politician which he is expected to do. kennedy: i'm watching this presidential pukefest. the death of a colorful jurist send the rate into something worse than chaos. the moment i heard of justice scalia dying i put my head in my hand and moaned for the country because i knew fit would turn into double poison. by the time i looked up